An inmate in Alabama has been saved from his scheduled execution via lethal injection after he maintained the state lost paperwork he filed requesting a different method of execution.
U.S. District Judge R. Austin Huffaker Jr. blocked the state of Alabama from carrying out the execution of Alan Miller Monday and said the execution can only proceed if it is done via nitrogen hypoxia, according to a report.
Death by nitrogen hypoxia would see Miller breathe in pure nitrogen, causing him to be deprived of oxygen and lead to his death.
ALABAMA COULD USE NEW UNTESTED METHOD FOR EXECUTION OF PRISONER
The method reportedly remains untested, and the state of Alabama maintains that it is not prepared to implement it.
BREAKING: Judge blocks execution of Alan Miller Thursday by any means OTHER than the (as yet untested) nitrogen hypoxia-ADOC told a judge last week it’s not ready to use the new method because it hasn’t finished developing a protocol and training employeeshttps://t.co/JHKyojBcmD
— Jonathan Hardison (@FOX6Hardison) September 20, 2022
The execution of Miller had been slated for Sept. 22, the report noted.
Miller, who was convicted of the murder of three men in a 1999 shooting rampage, said he had asked the court to use a nitrogen hypoxia method via a form distributed to inmates in 2018.
Last week, the state of Alabama said it would be unable to execute Miller via nitrogen hypoxia by the Sept. 22 execution date, but state officials said they were prepared “to carry out the Plaintiff’s sentence by lethal injection.”
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Monday’s ruling appeasers to render the state’s prior position null.
